Decreet v. Burt

Massachusetts Supreme Judicial Court
Decreet v. Burt, 61 Mass. 551 (Mass. 1851)
Dewey

Decreet v. Burt

Opinion of the Court

Dewey, J.

The defendant is not liable, tin his indorsement of this note, to an action by any prior indorser of the same. If Decreet, Boyington & Company were such prior indorsers, then clearly they could not maintain an action against the defendant, a subsequent indorser. The only further inquiry is, whether one of the firm might maintain such action. And as to this, we have no doubt. Decreet, the plaintiff, being a member of that firm, stood individually, as well as jointly, in the relation of a prior indorser, and so if the plaintiff could now recover of the defendant upon his indorsement, the defendant might recur to Decreet, Boyington & Company, as prior in liability. Such being the case, it is a good answer to a suit by one of the firm, that, as a member of such copartnership, he stood in the relation of a prior indorser. Exceptions overruled.

Reference

Full Case Name
Joseph D. Decreet v. Augustine Burt
Status
Published